HomeMy WebLinkAboutR-80-0694"SUr P0R-F JV,E
DOCUMENTS
FOLLOW"
RESOLUTION NO. 8 0- G 9 4
A RESOLUTION AUTHORIZING 'rill': DIRECT'c)h O'l, FINANCE
TO PAY TO ISAL'EL RODRIGUEZ TIII? SUN OF $6,000.00
1N DULL AND COMPLETE SETTI.1?pIENT Ol' ALL PERSONAL
INJURY PROT'ECTI:ON LIENS, WORKMENS COMPENSATION
LIENS, SUBROGATION CLAIMS AND ALL OTHER CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, AND UPON
THE E"XECUT.'ION OF A RELI.ASE, RELEASING 'rids CITY
OF MIAMI FROM ALL CLAIMS AND DEMANDS.
WHEREAS, ISABI,L RODRIGUEZ, through her attorney, Ell.iot L.
Mi11er, Esq., filed a claim Against the CITY OF HIAMT and THOMAS
11. MARSHALL, for alleged bodily injt.iry rosulLing from an accident
involv:irlg a City -owned vehicle on March 11., 1978, at N.W. lOtll
Street and .I.SL Avenue, idiama., Dade County, F:Lorida-, and
WHEREAS, the above claim has been invcsLigaLed by the TOrts
Division of thca City Attorney's Office and in accordance w:i.th
Ordinance 841.7, which cruin Les the City of Miami Sel.f:-Insurance
Program, and Said Of.'ficQ recommends that Lhis c1aim be settled
for. the sum of Six T'Itousand ($6,000.00) Dol.l.ars;
NOW, THEREFORE, BE IT RI -SOLVED BY TIII' rWl1\lISS1'0N OF THR,, rTTY
OF MIAMI, FLORIDA:
"DUUMENT INDEX
17fir) NO _�
SOCLion I. That thu PirecLor of Finance is rlc,� 7----mrtliorized
to pay to ISABEL RODRIGUEZ, the sum of Six Thousand ($6,000.00)
Dollars, in 1u11. and comp:IeLe setLlemenL of all bod.11y injury,
personal injury protection lions, workiliuns compensation liens,
and all claims and demands 1ga1.11SL Lhe CITY OF MIANI and THOMAS 11.
MARSHALL, and upon execution of a re'let.tse, releasing tho CITY OF
MIAMI and THOMAS 11. MARSHALL from all. bodily i.n;jury, personal injury
protection Liens, worlcmens conlpensaLLon liens, al..l claims and demands.
PASSED AND ADOPTED this 25
O
CITY CLERK _
day o f SEPTEMBER 1980.
MAURICE A. FERRE
R�—
CITY COMMISSION
MEETING OF
SEP25 1980
I> *N W - 6 9
..- JpJGt'IYYA(ai .TCk1rH a Wf.'
PREPARED AND APPROVED BY:
iIj z �
Steven A. Edelstein
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
Geor F. Knox, Jam.
City ttorney r
-2-
80-ri94
1
J,
W
' Honorable Member of
the City Commission
�.:G o e F. Kn x,
-::Cit ' Attorne
�Ul
,;Ir'( 01" MIAMI. FLORIDA
IN7511.UFFICE 'MEMORANDUM
DAt F, July 25, 1980 `''t•�
UzijECI Isabel Rodriguez vs. Thomas H.
Marshall and City of Miami
Circuit Court #78-16877 (CA-04)
,1.,'EM,,;:E.Date of Accident: March 11, 1978
Location: N.W. 10 Street and
;,i.L,Xi'RFG 1st Avenue, Miami
E
Thi;s'claim involves a motor vehicle accidenC that occurred on
Saturday, March 11, 1978, at 12:15 P.M., at the corner of N.W.
loth Street and N.W. 1st Avenue, Miami, Dade County, Florida.
Police Sergeant Thomas H. Marshall was proceeding South on 1st
Avenue and went through a stop sign at N.W. loth Street, striking
the left rear of Plaintiff's vehicle. The ownership and operation
of a City of Miami motor vehicle was directly involved and respon-
sibility for the accident rests solely with the City of Miami.
The claim for injuries suffered by Isabel Rodriguez was filed
through her attorney, Elliot L. Miller, Esq.
As a result of the accident, Isabel Rodriguez suffered medical
expenses of $2,534.15 and loss of income of $842.84. tier primary
treating physician, Arnold Oper, M.D., diagnosed an acute cervical
spine sprain, acute anxiety reaction and acute cerebral concussion.
She was hospitalized for 11 days as an in -patient at North Dade
Medical Complex and continued under Dr. Oper's care after her
release from the hospital. Dr. Oper has assigned a 3% permanent
partial disability rating for the injuries received by Isabel Rodriguez.
A court appointed examination was performed by Ivan J. Barrios, M.D.
who assigned a 5% permanent partial disability rating to Isabel
Rodriguez for the injuries she received.
The accident also resulted in property damage in the amount of
$379.96 to Isabel Rodriguez's vehicle.
The medical expenses, loss of income and other items of damage have
been verified as being correct. Plaintiff's previous; demands for
settlement have been in the amount of $15,000.00. After extensive
settlement negotiations, the Plaintiff has agreed to accept $6,000.00
in full and complete settlement of all claims.
The above claim has been investigated by the City Attorney's Office
in accordance with Ordinance 8417, which creates the City of Miami's
Self -Insurance Program and the said Office recommends that the City
of Miami pay $6,000.00 in full and complete settlement of this claim.
GFK/SAE/fl �,
Encl. (Resolution) 'V A� 8 0- 6 9 4